Code of Canon Law: text (original) (raw)
Can.381 §1 In the diocese entrusted to his care, the diocesan Bishop has all theordinary, proper and immediate power required for the exercise of his pastoral office, except in those matters which the law or a decree of the Supreme Pontiff reserves to the supreme or to some other ecclesiastical authority.
§2 Those who are at the head of the other communities of the faithful mentioned in can.368, are equivalent in law to the diocesan Bishop unless the contrary is clearfrom the nature of things or from a provision of the law.
Can.382 §1 A person who is promoted to the episcopate cannot become involved in theexercise of the office entrusted to him before he has taken canonical possession of the diocese. However, he is able to exercise offices which he already held in the same diocese at the time of his promotion, withoutprejudice to can. 409 §2.
§2 Unless he is lawfully impeded, one who is not already consecrated a Bishop and is nowpromoted to the office of diocesan Bishop, must take canonical possession of his diocese within four months of receiving the apostolic letters. If he is already consecrated, he must take possession within two months of receiving theapostolic letters.
§3 A Bishop takes canonical possession of his diocese when, personally or by proxy, heshows the apostolic letters to the college of consultors, in the presence of the chancellor of the curia, who makes a record of the fact. This must take place within the diocese. In dioceses which are newly established he takes possession when he communicates the same letters to the clergy and the peoplein the cathedral church, with the senior of the priests present making a recordof the fact.
§4 It isstrongly recommended that the taking of canonical possession be performed with a liturgical act in the cathedral church, in the presence of the clergy and thepeople.
Can.383 §1 In exercising his pastoral office, the diocesan Bishop is to besolicitous for all Christ's faithful entrusted to his care, whatever their age,condition or nationality, whether they live in the territory or are visitingthere. He is to show an apostolic spirit also to those who, because of theircondition of life, are not sufficiently able to benefit from ordinary pastoral care, and to those who have lapsed from religious practice.
§2 If he has faithful of a different rite in his diocese, he is to provide for theirspiritual needs either by means of priests or parishes of the same rite, or by an episcopal Vicar.
§3 He is toact with humanity and charity to those who are not in full communion with thecatholic Church - he should also foster ecumenism as it is understood by theChurch.
§4 He is toconsider the non-baptised as commended to him in the Lord, so that the charityof Christ, of which the Bishop must be a witness to all, may shine also on them.
Can.384 He is to have a special concern for the priests, to whom he is to listen as his helpers and counsellors. He is to defend their rights and ensure that theyfulfil the obligations proper to their state. He is to see that they have themeans and the institutions needed for the development of their spiritual and intellectual life. He is to ensure that they are provided with adequate means of livelihoodand social welfare, in accordance with the law.
Can.385 He must in a very special way foster vocations to the various ministriesand to consecrated life, having a special care for priestly and missionary vocations.
Can.386 §1 The diocesan Bishop is bound to teach and illustrate to the faithful thetruths of faith which are to be believed and applied to behaviour. He is himself to preach frequently. He is also to ensure that the provisions of thecanons on the ministry of the word, especially on the homily and catechetical instruction, are faithfully observed, so that the whole of christian teachingis transmitted to all.
§2 By whatevermeans seem most appropriate, he is firmly to defend the integrity and unity of the faith to be believed. However, he is to acknowledge a just freedom in the further investigation of truths.
Can.387 Mindful that he is bound to give an example of holiness, charity, humilityand simplicity of life, the diocesan Bishop is to seek in every way to promotethe holiness of Christ's faithful according to the special vocation of each. Since he is the principal dispenser of the mysteries of God, he is to strive constantly that Christ's faithful entrusted to his care may grow in gracethrough the celebration of the sacraments, and may know and live the paschal mystery.
Can.388 §1 After he has taken possession of the diocese, the diocesan Bishop mustapply the Mass for the people entrusted to him on each Sunday and on eachholyday of obligation in his region.
§2 TheBishop must himself celebrate and apply the Mass for the people on the days mentioned in §1; if, however, he is lawfully impeded from so doing, he is to have someone else do so on those days, or do so himself on other days.
§3 A Bishopwho, in addition to his own, is given another diocese, even as administrator,satisfies the obligation by applying one Mass for all the people entrusted to him.
§4 A Bishopwho has not satisfied the obligation mentioned in §§1 - 3, is to apply as soonas possible as many Masses for the people as he has omitted.
Can.389 He is frequently to preside at the Eucharistic celebration in the cathedral church or in some other church of his diocese, especially on holydays ofobligation and on other solemnities.
Can.390 The diocesan Bishop may use pontificalia throughout his diocese. He may not do so outside his diocese without the consent of the local Ordinary, eitherexpressly given or at least reasonably presumed.
Can.391 §1 The diocesan Bishop governs the particular Church entrusted to him withlegislative, executive and judicial power, in accordance with the law.
§2 TheBishop exercises legislative power himself. He exercises executive power eitherpersonally or through Vicars general or episcopal Vicars, in accordance with the law. He exercises judicial power either personally or through a judicial Vicar and judges, in accordance with the law.
Can.392 §1 Since the Bishop must defend the unity of the universal Church, he isbound to foster the discipline which is common to the whole Church, and so pressfor the observance of all ecclesiastical laws.
§2 He is toensure that abuses do not creep into ecclesiastical discipline, especially concerning the ministry of the word, the celebration of the sacraments andsacramentals, the worship of God and the cult of the saints, and theadministration of goods.
Can.393 In all juridical transactions of the diocese, the diocesan Bishop acts in the person of the diocese.
Can.394 §1 The Bishop is to foster various forms of the apostolate in his dioceseand is to ensure that throughout the entire diocese, or in its particular districts, all works of the apostolate are coordinated under his direction, with due regard for the character of each apostolate.
§2 He is toinsist on the faithful's obligation to exercise the apostolate according to thecondition and talents of each. He is to urge them to take part in or assist various works of the apostolate, according to the needs of place and time.
Can.395 §1 The diocesan Bishop is bound by the law of personal residence in hisdiocese, even if he has a coadjutor or auxiliary Bishop.
§2 Apartfrom the visit 'ad limina', attendance at councils or at the synod of Bishopsor at the Episcopal Conference, at which he must be present, or by reason of another office lawfully entrusted to him, he may be absent from the diocese, for a just reason, for not longer than one month, continuously or otherwise,provided he ensures that the diocese is not harmed by this absence.
§3 He is not to be absent from his diocese on Christmas Day, during Holy Week, or onEaster Sunday, Pentecost and Corpus Christi, except for a grave and urgent reason.
§4 If theBishop is unlawfully absent from the diocese for more than six months, theMetropolitan is to notify the Holy See. If it is the Metropolitan who isabsent, the senior suffragan is to do the same.
Can.396 §1 The Bishop is bound to visit his diocese in whole or in part each year, so that at least every five years he will have visited the whole diocese, either personally or, if he is lawfully impeded, through the coadjutor orauxiliary Bishop, the Vicar general, an episcopal Vicar or some other priest.
§2 TheBishop has a right to select any clerics he wishes as his companions andhelpers in a visitation, any contrary privilege or custom being reprobated.
Can.397 §1 Persons, catholic institutes, pious objects and places within theboundaries of the diocese, are subject to ordinary episcopal visitation.
§2 TheBishop may visit the members of religious institutes of pontifical right and their houses only in the cases stated in the law.
Can.398 The Bishop is to endeavour to make his pastoral visitation with due diligence. He is to ensure that he is not a burden to anyone on the ground ofundue expense.
Can.399 §1 Every five years the diocesan Bishop is bound to submit to the Supreme Pontiff a report on the state of the diocese entrusted to him, in the form and at the time determined by the Apostolic See.
§2 If theyear assigned for submitting this report coincides in whole or in part with the first two years of his governance of the diocese, for that occasion the Bishop need not draw up and submit the report.
Can.400 §1 Unless the Apostolic See has decided otherwise, in the year in which he is bound to submit the report to the Supreme Pontiff, the diocesan Bishop is togo to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and topresent himself to the Roman Pontiff.
§2 TheBishop is to satisfy this obligation personally, unless he is lawfully impeded; in which case he is to satisfy the obligation through the coadjutor, if he has one, or the auxiliary, or a suitable priest of his presbyterium who resides in his diocese.
§3 A Vicar apostolic can satisfy this obligation through a proxy, even through oneresiding in Rome. A Prefect apostolic is not bound by this obligation.
Can.401 §1 A diocesan Bishop who has completed his seventy-fifth year of age isrequested to offer his resignation from office to the Supreme Pontiff, who, taking all the circumstances into account, will make provision accordingly.
§2 Adiocesan Bishop who, because of illness or some other grave reason, has becomeunsuited for the fulfilment of his office, is earnestly requested to offer hisresignation from office.
Can.402 §1 A Bishop whose resignation from office has been accepted, acquires thetitle 'emeritus' of his diocese. If he so wishes, he may have a residence in the diocese unless, because of special circumstances in certain cases, theApostolic See provides otherwise.
§2 TheEpiscopal Conference must ensure that suitable and worthy provision is made for the upkeep of a Bishop who has resigned, bearing in mind the primary obligationwhich falls on the diocese which he served.